NRS 239A.020“Customer” defined.“Customer”
means any person who has transacted business with or has used the services of a
financial institution or for whom a financial institution has acted as a
fiduciary.

(Added to NRS by 1977, 986)

NRS 239A.030“Financial institution” defined.“Financial
institution” means any banking corporation or trust company, savings and loan
association, thrift company or credit union subject to regulation under the
laws of this state.

(Added to NRS by 1977, 986; A 1983, 122)

NRS 239A.040“Financial records” defined.“Financial
records” means:

1. Any original or any copy of any record
or document held by a financial institution pertaining to a customer of the
financial institution.

2. The information contained in such record
or document.

(Added to NRS by 1977, 986)

NRS 239A.050“Governmental agency” defined.“Governmental
agency” means an officer, board, commission, department, division, bureau,
district or any other unit of government, including political subdivisions, of
this State.

(Added to NRS by 1977, 986)

NRS 239A.070Inapplicability of chapter; disclosures not prohibited by
chapter.This chapter does not
apply to any subpoena issued pursuant to title 14 or chapters 616A to 617,
inclusive, of NRS or prohibit:

1. Dissemination of any financial
information which is not identified with or identifiable as being derived from
the financial records of a particular customer.

2. The Attorney General, State Controller,
district attorney, Department of Taxation, Director of the Department of Health
and Human Services, Administrator of the Securities Division of the Office of
the Secretary of State, public administrator, sheriff or a police department
from requesting of a financial institution, and the institution from responding
to the request, as to whether a person has an account or accounts with that
financial institution and, if so, any identifying numbers of the account or
accounts.

3. A financial institution, in its
discretion, from initiating contact with and thereafter communicating with and
disclosing the financial records of a customer to appropriate governmental
agencies concerning a suspected violation of any law.

4. Disclosure of the financial records of
a customer incidental to a transaction in the normal course of business of the
financial institution if the director, officer, employee or agent of the
financial institution who makes or authorizes the disclosure has no reasonable
cause to believe that such records will be used by a governmental agency in
connection with an investigation of the customer.

5. A financial institution from notifying
a customer of the receipt of a subpoena or a search warrant to obtain the
customer’s financial records, except when ordered by a court to withhold such
notification.

6. The examination by or disclosure to any
governmental regulatory agency of financial records which relate solely to the
exercise of its regulatory function if the agency is specifically authorized by
law to examine, audit or require reports of financial records of financial
institutions.

7. The disclosure to any governmental
agency of any financial information or records whose disclosure to that
particular agency is required by the tax laws of this State.

NRS 239A.075Disclosure of balance of account to Director of Department of
Health and Human Services or public administrator upon presentation of proof of
death; fee.Upon presentation of a
death certificate, affidavit of death or other proof of death, a financial
institution shall provide the Director of the Department of Health and Human
Services or a public administrator with a statement which sets forth the
identifying number and account balance of any accounts on which only the name
of the deceased person appears. A financial institution may charge a reasonable
fee, not to exceed $2, to provide a public administrator with a statement
pursuant to the provisions of this section.

NRS 239A.080Examination and disclosure of financial records: Restrictions;
exception.Except as provided in
subsection 3 and NRS 239A.070 and 239A.150:

1. An officer, employee or agent of a
governmental agency shall not request or receive the financial records of any
customer from a financial institution unless:

(a) The request relates to a lawful investigation
of the customer;

(b) The financial records are described in the
request with particularity and are consistent with the scope and requirements
of the investigation; and

(c) The officer, employee or agent furnishes the
financial institution with a customer authorization, subpoena or search warrant
authorizing examination or disclosure of such records as provided in this
chapter.

2. A director, officer, employee or agent
of a financial institution shall not provide or authorize another person to
provide to an officer, employee or agent of a governmental agency any financial
records of a customer if the director, officer, employee or agent of the
financial institution knows or has reason to believe that the financial records
are being requested in connection with an investigation of the customer, unless
the request is accompanied by a customer authorization, subpoena or search
warrant authorizing examination or disclosure of such records as provided in
this chapter.

3. This section does not apply to any
officer, employee or agent of the State Gaming Control Board who is acting with
the written permission of the customer whose records are being requested.

(Added to NRS by 1977, 986)

NRS 239A.090Customer’s authorization of disclosure of financial records;
notice of examination; invalidity of waiver of rights or procedures.

1. A customer may authorize disclosure of
financial records pertaining to him or her by signing and dating a statement in
which the customer:

(a) Authorizes the disclosure for a period
specified in the statement;

(b) Specifies the name of the governmental agency
to which disclosure is authorized and, if applicable, the statutory purpose for
which the information is to be obtained;

(c) Identifies the financial records which are
authorized to be disclosed; and

(d) Indicates an understanding that he or she has
the right at any time to revoke the authorization.

2. No such authorization shall be required
by a financial institution as a condition of doing business with the financial
institution.

3. A governmental agency authorized by a
customer to examine his or her financial records shall notify the customer in
writing within 30 days after the examination that the examination took place
and that the customer has the right to request in writing the reasons for the
examination. The notice shall also specify the financial records which were
examined. The agency shall give the customer the reason for the examination in
writing within 10 days after the customer requests it.

4. Except as provided in this section, a
waiver by a customer of any right or procedure under this chapter, whether oral
or written or with or without consideration, is invalid.

1. Except as provided in subsection 2, a
subpoena authorizing a governmental agency to obtain financial records may be
served upon a financial institution only if:

(a) A copy of the subpoena is served upon the
customer in the manner provided by law for the service of subpoenas, except
that the copy may be served by an employee of the governmental agency;

(b) The subpoena includes the name of the agency
in whose name it is issued and the statutory purpose for which the information
is to be obtained; and

(c) The customer has not moved to quash the
subpoena within 10 days after service of the copy of the subpoena upon the
customer.

2. A governmental agency issuing or
seeking a subpoena to obtain financial records may petition a court of
competent jurisdiction to order that service upon the customer or the 10-day
period provided in subsection 1 be waived or shortened. The court may issue the
order upon a showing that the agency can reasonably infer from facts relevant
to its investigation of the customer that a law subject to the agency’s
jurisdiction has been or is about to be violated. In granting a petition to
waive service upon the customer, the court shall also order the agency to
notify the customer in writing within a period determined by the court, but not
to exceed 90 days. The notice shall specify the name of the agency in whose
name the subpoena was issued, the financial records which were examined under
the subpoena and the statutory purpose for which the information was obtained.
The time of notification may be extended for additional 45-day periods upon
petition and good cause shown.

3. A court may order a financial
institution to withhold notification to a customer of the receipt of the
subpoena when the court issues an order under subsection 2 and if it finds that
the notification would impede the investigation.

4. If a customer files a motion to quash
the subpoena, the proceedings on the motion shall be afforded priority on the
court calendar and the matter shall be heard within 10 days after the filing of
the motion.

NRS 239A.110Search warrant affecting financial records: Withholding of
notification to customer.When a
search warrant affecting the financial records of a customer is issued, the
magistrate may order the financial institution to withhold notification to the
customer of receipt of the warrant upon a finding that the notification would
impede the investigation.

(Added to NRS by 1977, 988)

NRS 239A.120Release of financial records by one agency to another.A governmental agency shall not provide
financial records obtained under this chapter to any other governmental agency
unless that other agency has independently obtained authorization to receive
such financial records in accordance with the provisions of this chapter.

(Added to NRS by 1977, 988)

NRS 239A.130Determination by financial institution of compliance with
chapter; limitation on liability of financial institution.

1. A financial institution is not required
to inquire or determine that a governmental agency seeking disclosure of
financial records has complied with the requirements of this chapter if the
customer authorization, subpoena or search warrant served upon the financial
institution shows compliance on its face.

2. A financial institution which refuses
to disclose the financial records of a customer in reliance in good faith upon
the provisions of this chapter is not liable to its customer, to a governmental
agency or to any other person for any loss or damage caused by the refusal.

(Added to NRS by 1977, 988)

NRS 239A.140Record of examination or disclosure of financial records:
Maintenance; availability to customer.

1. A financial institution shall maintain
for a period of 5 years a record of all examinations or disclosures of the
financial records of a customer, including:

(a) The identity of the person examining the
financial records;

(b) The name of the governmental agency he or she
represented; and

(c) A copy of the customer authorization,
subpoena or search warrant providing for the examination or disclosure or a
copy of the certification received pursuant to NRS
239A.150.

2. Any record maintained under this
section shall be available within 5 days after the request for examination or
disclosure for review by the customer during normal business hours at the
office or branch where the customer’s account was located when examined or
disclosed. A copy of the record shall be furnished to the customer upon request
and payment of the reasonable cost of the copy.

(Added to NRS by 1977, 988)

NRS 239A.150Limited disclosure by banks under certification of district
attorney, sheriff or police department.When
a district attorney, sheriff or police department in this State certifies to a
bank in writing that a crime report has been filed which involves the alleged
fraudulent use of drafts, checks or other orders drawn upon any bank in this
State, the district attorney, sheriff or police department may request the bank
to furnish and the bank shall supply a statement setting forth the following
information with respect to the account of a customer named in the
certification and covering a period 30 days prior to and up to 30 days
following the date of occurrence of the alleged illegal act involving the
account:

1. The number of items dishonored;

2. The number of items paid which created
overdrafts;

3. The dollar volume of the dishonored
items and items paid which created overdrafts and a statement explaining any
credit arrangement between the bank and the customer to pay overdrafts;

4. The dates and amounts of deposits and
debits and the account balance on those dates;

5. A copy of the signature and any
addresses appearing on the customer’s signature card; and

6. The date the account opened and, if
applicable, the date the account closed.

(Added to NRS by 1977, 989)

NRS 239A.160Limitation of actions.An
action based upon the violation of any of the provisions of this chapter shall
not be commenced more than 3 years after the date on which the violation
occurred.

(Added to NRS by 1977, 990)

NRS 239A.170Injunctive relief; costs and attorney’s fees.

1. In addition to any other remedy
provided by law, a customer aggrieved by a violation or threatened violation of
the provisions of this chapter may seek injunctive relief as provided by law.

2. If a customer prevails in any
proceeding to enforce any of the provisions of this chapter, the customer may
recover costs and reasonable attorney’s fees.

(Added to NRS by 1977, 989)

NRS 239A.180Inadmissibility of evidence obtained in violation of chapter.Evidence obtained in violation of any of the
provisions of this chapter is inadmissible in any proceeding except a
proceeding to enforce the provisions of this chapter.

(Added to NRS by 1977, 989)

NRS 239A.190Penalty.Any person
who knowingly participates in or knowingly induces or attempts to induce a
violation of any prohibition in this chapter is guilty of a misdemeanor.